Legal Opinion
People v. Hicks
New York Supreme Court
Decided August 8, 1977PublishedCited by 5 opinions
1Opinion of the CourtBentley Kassal, J.
issue
The issue presented by defendant’s request to charge is whether the court must instruct the jury that defendant’s guilt must be proven "to a moral certainty”, as part of the definition of "reasonable doubt”.
AUTHORITY FOR CHARGE
Certainly there is much authority which, on first glance, might appear to support defendant’s request. The term appears in the standard references on jury charges, such as Dowsey, Charges to the Jury in a Criminal Case in New York (Form No. 18), and the Handbook of Jury Trial Procedure and Charges issued for the Supreme Court of the State of New York, Criminal…
2Cases cited13 opinions
- People v. BenzingerNew York Court of Appeals · 1974
- Hopt v. UtahSupreme Court of the United States · 1887
- People v. CleagueNew York Court of Appeals · 1968
- People v. BorreroNew York Court of Appeals · 1970
- The People v. . BennettNew York Court of Appeals · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Luis Maldonado v. Charles Scully and Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- In re Estate of FriedmanAppellate Division of the Supreme Court of the State of New York · 1978
- Luis Maldonado v. Charles Scully and Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1996
- People v. GonzalezNew York Court of Appeals · 1981
- People v. SandovalAppellate Division of the Supreme Court of the State of New York · 1982